Yves-Marie, from Chantepie (Ille-et-Vilaine), asked us this question: “ Who is responsible for collecting dead leaves from the sidewalks? » West France answers you.
Who takes care of the collection?
In public spaces, the collection of dead leaves is the responsibility of the town hall which, through its police power, “is intended to ensure good order, safety, security and public health”explains the law.
However, the Municipal Code adds that it is possible for the mayor to put in place a municipal decree, asking residents, tenants or owners of an individual house (in general, it is the person who occupies the premises, regardless whether she is a tenant or not) to ensure the maintenance of the portion of sidewalk, therefore of the public road, located in front of their door. If it is a building, this obligation is imposed on the co-ownership association. Please note, it is not obligatory for the town hall to maintain a rural road, unless it has already carried out work to improve it.
When these leaves are inside your private property, you are free to pick them up or not. Having a lot of dead leaves in your garden can be bad for your lawn, risking suffocation. But can serve as a good mulch in some locations.
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Who is responsible in the event of an accident?
If a pedestrian slips and is injured due to the presence of dead leaves on the public road, he may decide to take action against the person in charge of maintaining the place, either the town hall or the local resident in charge of the road. case of municipal decree.
Thus, the victim can make a simple amicable request for compensation for the financial damage suffered. To do this, she will have to create a file with proof (photos of the place, doctor's opinion or radio, identity documents, etc.) and make a prior request for compensation to the person in charge of the space by registered mail.
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If the person in charge of the road refuses an amicable agreement, the victim can request compensation for financial damage from the administrative court for failure to maintain the public road. However, the Generali insurance company explained in 2019 that this process is long and requires the presence of lawyers: “The Paris administrative court estimates the time between the filing of a request and its judgment to be between seven months and two and a half years”.
To get rid of dead leaves, it is recommended to throw them either in a compost bin or at the green waste recycling center. It is good to remember that as it is green waste, it is prohibited to burn it.
